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Food Safety News

Breaking news for everyone's consumption

Peter D. Keisler

U.S. Supreme Court asked to review DeCoster v. U.S.

A writ of certiorari has been filed with the U.S. Supreme Court, requesting the high court review DeCoster v. United States. The government has until Feb. 15 to respond the writ. Appellate attorney Peter D. Keisler asks in the writ that the Supreme Court consider the case because a ruling by the 8th U.S. District Circuit… Continue Reading

Egg men get extra time to file for review with Supreme Court

Justice Samuel Alito has extended the filing deadline for a petition for a writ of certiorari in the appeal of jail sentences for one-time egg producers Austin (Jack) DeCoster and his son Peter DeCoster. Alito set Jan. 10, 2017, as the new deadline for the DeCoster’s attorney, Peter D. Keisler, to file the writ with the… Continue Reading

Supreme Court might want to hear DeCoster egg sentence case

A timely petition for certiorari is going to keep Austin “Jack” DeCoster, 82, and his son, Peter DeCoster, 52, out of jail, at least for several more months while the U.S. Supreme Court decides if it is interested in their case. The high court is being asked to decide if a corporate official without specific… Continue Reading

DOJ is OK with Supreme Court review of DeCoster sentences

Government attorneys who just days ago were on the verge of sending Austin “Jack” DeCoster and his son Peter DeCoster to federal prison have now agreed the egg men should remain free long enough to allow the U.S. Supreme Court to consider the case. On behalf of the DeCosters, Peter D. Keisler, the former acting Attorney… Continue Reading

DeCoster attorney requests rehearing on sentences for egg men

A federal appeals court decision that upheld jail sentences for two men whose eggs caused a huge Salmonella outbreak is in conflict with the U.S. Supreme Court’s Park Doctrine, every prior decision applying the doctrine, and every prior appellate opinion on whether Due Process allows prison sentences for vicarious liability crimes, according to the egg men’s lawyer. That… Continue Reading

8th Circuit approves jail sentences for egg men

When he sentenced a father and son to three months each, the federal judge in a criminal trial about an egg-related Salmonella outbreak said he was imposing the jail time unless someone could tell him federal law specifically prohibited him from doing so. With a 2-1 vote made public Wednesday, a federal appeals panel said U.S. District Court Judge Mark W. Bennett was… Continue Reading

Judges grill both sides in DeCosters’ egg sentence appeal

Two of three judges hearing appeals of the jail sentences handed down to Austin “Jack” DeCoster and Peter DeCoster sounded uncomfortable yesterday with the concept of sending corporate officials to prison for a so-called strict liability case. Lawyers were left arguing whether “this case is that case” or whether, as Department of Justice (DOJ) attorney… Continue Reading

Written Arguments Submitted in DeCoster Appeal of Jail Time

The U.S. Court of Appeals for the Eighth Circuit in St. Louis has received the final reply brief filed on behalf of Austin (Jack) DeCoster and his son, Peter DeCoster, by their legal team led by Peter D. Keisler. Keisler and his colleagues from the prominent Washington, D.C., law firm of Sidley Austin LLP, are… Continue Reading